US Lawyer Database

§55-7-13a. Modified Comparative Fault Standard Established

(a) For purposes of this article, "comparative fault" means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article. (b) In any action based on tort […]

§55-7-13b. Definitions

As used in this article: "Compensatory damages" means damages awarded to compensate a plaintiff for economic and noneconomic loss. "Defendant" means, for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant. "Fault" means an […]

§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault

(a) In any action for damages, the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered […]

§55-7-13d. Determination of Fault; Imputed Fault; When Plaintiff’s Criminal Conduct Bars Recovery; Burden of Proof; Damages; Stay of Action; Limitations; Applicability; Severability

(a) Determination of fault of parties and nonparties. — (1) In assessing percentages of fault, the trier of fact shall consider the fault of all persons who contributed to the alleged damages regardless of whether the person was or could have been named as a party to the suit; (2) Fault of a nonparty shall […]

§55-7-16. Immunity From Liability for Ski Patrol Rendering Emergency Care

(a) A member in good standing of a national ski patrol system who, without compensation, provides emergency aid or assistance to an injured or ill person at the scene of a ski resort rescue operation, outdoor emergency rescue operation or while otherwise performing ski patrol or while transporting an injured or ill person to a […]